II 

118TH CONGRESS 

2D SESSION S. 5161 

To amend title VI of the Civil Rights Act of 1964 to prohibit discrimination 

under any program or activity receiving Federal financial assistance 

on the ground of religion, to amend the Higher Education Act of 1965 

to provide for rigorous enforcement of prohibitions against discrimination 

by institutions of higher education on the basis of antisemitism, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2024 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend title VI of the Civil Rights Act of 1964 to prohibit 

discrimination under any program or activity receiving 

Federal financial assistance on the ground of religion, 

to amend the Higher Education Act of 1965 to provide 

for rigorous enforcement of prohibitions against discrimination by institutions of higher education on the basis 

of antisemitism, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Antisemitic 

3 Harassment on Campus Act of 2024’’. 

4 SEC. 2. PROHIBITION OF DISCRIMINATION ON THE 

5 GROUND OF RELIGION. 

6 (a) IN GENERAL.—Section 601 of the Civil Rights 

7 Act of 1964 (42 U.S.C. 2000d) is amended by striking 

8 ‘‘or national origin’’ and inserting ‘‘national origin, or reli9 gion’’. 

10 (b) NON-APPLICATION.—Title VI of the Civil Rights 

11 Act of 1964 (42 U.S.C. 2000d et seq.) is amended by add12 ing at the end the following: 

13 ‘‘SEC. 607. NON-APPLICATION OF PROHIBITION OF DIS14 CRIMINATION ON THE GROUND OF RELIGION 

15 TO RELIGIOUS ORGANIZATIONS. 

16 ‘‘The prohibition of discrimination under any pro17 gram or activity receiving Federal financial assistance on 

18 the ground of religion under this title shall not apply to 

19 a program or activity that is conducted or controlled by, 

20 or is otherwise affiliated with, a religious organization, in21 cluding a student religious organization.’’. 

22 (c) HARASSMENT.—Section 601 of the Civil Rights 

23 Act of 1964 (42 U.S.C. 2000d) is amended— 

24 (1) by striking ‘‘No person’’ and inserting the 

25 following: ‘‘PROHIBITION OF DISCRIMINA26 TION.— 


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1 ‘‘(a) IN GENERAL.—No person’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(b) INCLUSION OF INDIFFERENCE TO HARASS4 MENT.—The term ‘discrimination’, for purposes of this 

5 title and with respect to an educational program or activ6 ity of a college, university, or other postsecondary institu7 tion, or a public system of higher education, includes delib8 erate indifference to harassment that is so severe, perva9 sive, and objectively offensive, and that so undermines and 

10 detracts from a victim’s educational experience, that the 

11 victim is effectively denied equal access to the resources 

12 and opportunities of the educational program or activity.’’. 

13 (d) POLICY.— 

14 (1) IN GENERAL.—It shall be the policy of the 

15 United States to enforce title VI of the Civil Rights 

16 Act of 1964 (42 U.S.C. 2000d et seq.) against pro17 hibited forms of discrimination rooted in anti18 semitism no less vigorously than against all other 

19 forms of discrimination prohibited by such title VI. 

20 (2) DEFINITION OF ANTISEMITISM.—In this 

21 subsection, the term ‘‘antisemitism’’ means a certain 

22 perception of Jews, which may be expressed as ha23 tred toward Jews, and the rhetorical and physical 

24 manifestations of which are directed toward— 


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1 (A) Jewish or non-Jewish individuals or 

2 their property; or 

3 (B) Jewish community institutions or reli4 gious facilities. 

5 SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 

6 1965. 

7 Part B of title I of the Higher Education Act of 1965 

8 (20 U.S.C. 1011 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 124. SANCTIONS FOR NONCOMPLIANCE WITH TITLE 

11 VI. 

12 ‘‘(a) DEFINITION OF INSTITUTION OF HIGHER EDU13 CATION.—In this section, the term ‘institution of higher 

14 education’ has the meaning given the term in section 102. 

15 ‘‘(b) SANCTIONS FOR CERTAIN VIOLATIONS.— 

16 ‘‘(1) SANCTIONS.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding sec18 tion 602 of the Civil Rights Act of 1964 (42 

19 U.S.C. 2000d–1), an institution of higher edu20 cation that receives Federal financial assistance 

21 under this Act and is found, by the Office for 

22 Civil Rights of the Department, to be in viola23 tion of title VI of the Civil Rights Act of 1964 

24 (42 U.S.C. 2000d et seq.) with respect to 

25 antisemitic discrimination in a program or acVerDate Sep 11 2014 06:40 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5161.IS S5161

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1 tivity as described in subparagraph (B) or (C) 

2 shall be subject to the sanction provided in sub3 paragraph (B) or (C), after the Secretary— 

4 ‘‘(i) notifies the institution of such 

5 finding; and 

6 ‘‘(ii) provides the institution with an 

7 opportunity for a hearing. 

8 ‘‘(B) TWO VIOLATIONS.—In the case of a 

9 particular program of an institution that vio10 lates title VI of the Civil Rights Act of 1964 

11 (42 U.S.C. 2000d et seq.) with respect to 

12 antisemitic discrimination for a second time 

13 within the 5-year period preceding the date of 

14 the second violation, the Secretary shall impose 

15 a fine on the institution in an amount that is 

16 not less than 10 percent of the Federal finan17 cial assistance received under this Act by the 

18 particular program of the institution in which 

19 the violation was found during the year of the 

20 second violation (regardless of how long the in21 stitution remains in violation) and any subse22 quent year during which the institution remains 

23 in violation for not less than 90 days. 

24 ‘‘(C) THREE VIOLATIONS.—In the case of 

25 a particular program of an institution that vioVerDate Sep 11 2014 06:40 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5161.IS S5161

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1 lates title VI of the Civil Rights Act of 1964 

2 (42 U.S.C. 2000d et seq.) with respect to 

3 antisemitic discrimination for a third time with4 in the 5-year period preceding the date of the 

5 third violation, the Secretary shall impose a fine 

6 on the institution in an amount that is not less 

7 than 33 percent of the Federal financial assist8 ance received under this Act by the particular 

9 program of the institution in which the violation 

10 was found during the year of the third violation 

11 (regardless of how long the institution remains 

12 in violation) and any subsequent year during 

13 which the institution remains in violation for 

14 not less than 90 days. 

15 ‘‘(2) WAIVER.—For purposes of imposing sanc16 tions under paragraph (1), the Secretary may treat 

17 violations described in paragraph (1) as a single vio18 lation if the violations— 

19 ‘‘(A) are in relation to discrimination that 

20 was conducted by a person other than the insti21 tution or its faculty or staff; and 

22 ‘‘(B) occurred within a span of not more 

23 than 24 hours. 

24 ‘‘(c) MONITORING.—The Secretary shall monitor pri25 vate lawsuits brought against institutions of higher eduVerDate Sep 11 2014 06:40 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5161.IS S5161

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1 cation that receive Federal financial assistance under this 

2 Act for a violation of title VI of the Civil Rights Act of 

3 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic 

4 discrimination to independently evaluate whether the insti5 tution violated title VI of the Civil Rights Act of 1964 

6 (42 U.S.C. 2000d et seq.) with respect to antisemitic dis7 crimination. 

8 ‘‘(d) NOTIFICATION TO STUDENTS, FACULTY, AND

9 STAFF.—An institution of higher education that receives 

10 Federal financial assistance under this Act and is found 

11 to be in violation of title VI of the Civil Rights Act of 

12 1964 (42 U.S.C. 2000d et seq.) with respect to antisemitic 

13 discrimination shall provide a notification of such finding 

14 to all enrolled students, faculty, and staff of the institu15 tion. 

16 ‘‘(e) REPORT.—The Secretary shall submit a full 

17 written report to the Committee on Health, Education, 

18 Labor, and Pensions of the Senate and the Committee on 

19 Education and the Workforce of the House of Representa20 tives with respect to each action to impose a fine under 

21 subsection (b) that includes the circumstances and 

22 grounds for such action.’’. 


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1 SEC. 4. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964. 

2 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

3 2000d et seq.), as amended by section 2, is further amend4 ed by adding at the end the following: 

5 ‘‘SEC. 608. FACTORS IN DETERMINATION OF NONCOMPLI6 ANCE; MONITOR. 

7 ‘‘(a) FACTORS.—Each Federal department and agen8 cy in determining whether a person is in compliance with 

9 a requirement adopted pursuant to section 602, and court 

10 in determining whether a person has violated this title, 

11 shall make considerations, including of the following fac12 tors: 

13 ‘‘(1) The person’s prevention of discrimination, 

14 and remediation (including disciplining faculty and 

15 staff) with respect to discrimination, on the basis of 

16 another ground provided in section 601. 

17 ‘‘(2) The person’s prevention of discrimination, 

18 and remediation (including disciplining faculty and 

19 staff) with respect to discrimination, against another 

20 group on the basis of the same ground for which the 

21 determination of compliance or a violation is being 

22 made. 

23 ‘‘(b) MONITOR.—A court that finds a violation of this 

24 title or upholds a department or agency determination of 

25 noncompliance with a requirement adopted pursuant to 

26 section 602 may appoint a monitor to review and report 


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1 on the implementation of any remedy with respect to such 

2 finding or determination.’’. 

3 SEC. 5. RULES OF CONSTRUCTION. 

4 Nothing in this Act, or any of the amendments made 

5 under this Act, shall be construed— 

6 (1) to expand the authority of the Secretary of 

7 Education; 

8 (2) to infringe on, or otherwise diminish, the 

9 rights protected under any other provision of law; 

10 (3) to create any negative inference as to either 

11 the legal protections provided to victims of anti12 semitism or the prohibitions on antisemitic discrimi13 nation by Federal law prior to date of enactment of 

14 this Act; and 

15 (4) to infringe on, diminish, or otherwise con16 flict with any right protected under the First 

17 Amendment to the Constitution of the United 

18 States. 

19 SEC. 6. SEVERABILITY. 

20 If any provision of this Act, an amendment made by 

21 this Act, or the application of such provision or amend22 ment to any person or circumstance is held to be unconsti23 tutional, the remainder of this Act, the amendments made 

24 by this Act, and the application of such provisions and 


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1 amendments to any other person or circumstance shall not 

2 be affected. 

Æ 


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